Backup Documents 02/10/2026 Item #16F 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16 F 1
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney 2/10/26
Attn. Sally A. Ashkar
2. BCC Office Board of County Commissioners
Pk 47/045/ ("/26
3. Minutes and Records* Clerk of Court's Office 11 ))-1,,
*NOTE TO MINUTES AND RECORDS:
Please return an electronic copy of agreement to Sonja.Stephenson@colliercountyfl.gov
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Sonja Stephenson/Real Property Phone Number 239-252-8073
Contact/ Depai tment Management
Agenda Date Item was 2/10/26 Agenda Item Number 16.F.1
Approved by the BCC
Type of Document Fourth Amendment Number of Original 1
Attached Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?STAMP OK SS
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed SS
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SS
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SS
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 2-10-26,and all changes made during SS N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes, if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16 F1
Licensor Site Name/Number:CORKSCREW FIRESTATION FL,FL/22910
Licensor Contract Number: 52602
Licensee Site Name/Number:Corkscrew/s18
FOURTH AMENDMENT TO LICENSE AGREEMENT
This Fourth Amendment (the "Fourth Amendment") to that certain License
Agreement dated March 21, 2003, by and between American Tower L.P. and Collier
County, Florida (the "License"), as amended by that certain First Amendment to License
Agreement dated April 28, 2004, as amended by that certain Second Amendment to
License Agreement dated September 15, 2020, as amended by that certain Third
Amendment to License Agreement dated July 28, 2025 (collectively,the "Agreement") is
made and entered into as of the latter signature date hereof, by and between American
Towers LLC, a Delaware limited liability company, as successor-in-interest to the
Agreement(the "Licensor") and Board of County Commissioners, Collier County Florida
(the"Licensee") (collectively,the "Parties").
RECITALS
WHEREAS, Licensor owns a certain communications tower on a certain parcel of
land located at 13240 Immokalee Road, Naples, FL 34120-1468 more commonly known
to Licensor as the CORKSCREW FIRESTATION FL, FL tower site (the "Tower Site");
and
WHEREAS, Licensor and Licensee entered into the Agreement for the use of a
certain portion of the Tower Site; and
WHEREAS,Licensee desires to modify its equipment at the Tower Site("Modified
Equipment").
NOW THEREFORE, in consideration of the foregoing promises and for other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the Parties hereto agree as follows:
1) Licensor and Licensee agree and acknowledge that Licensee shall modify its
equipment for a final installed configuration pursuant to Exhibit A(Fourth Revision).
2) Licensor and Licensee agree and acknowledge that Exhibit A(Third Revision)to the
Agreement is hereby deleted in its entirety as of the date this Fourth Amendment is
fully executed and shall be replaced with Exhibit A(Fourth Revision)attached hereto
and incorporated by this reference. In the event of inconsistency or discrepancy
between Exhibit A(Fourth Revision)and Licensee's equipment information set forth
in the Agreement, Exhibit A (Fourth Revision) shall control.
3) Notwithstanding anything to the contrary in the Agreement, the offer to Licensee
expressed in this Fourth Amendment shall automatically become null and void with
no further obligation by either party hereto if a structural analysis of the Tower Site
1
16 Fl
Licensor Site Name/Number:CORKSCREW FIRESTATION FL,FL/22910
Licensor Contract Number: 52602
Licensee Site Name/Number:Corkscrew/s18
completed after the execution of this Fourth Amendment by Licensor but before the
Commencement Date of the installation of Licensee's Modified Equipment indicates
that the Tower Site is not suitable for Licensee's Modified Equipment unless
Licensor and Licensee mutually agree that structural modifications or repairs shall
be made to the Tower Site on mutually agreeable terms.
4) The Parties agree that(i)a digital or electronic signature on this Fourth Amendment
and/or (ii) a fully executed scanned or electronically reproduced copy or image of
this Fourth Amendment shall be deemed an original and may be introduced or
submitted in any action or proceeding as competent evidence of the execution,terms
and existence hereof notwithstanding the failure or inability to produce or tender an
original, manually executed counterpart of this Fourth Amendment and without the
requirement that the unavailability of such original, manually executed counterpart
of this Fourth Amendment first be proven.
5) Capitalized terms contained herein, unless otherwise defined, are intended to have
the same meaning and effect as that set forth in the Agreement.
6) All other terms and provisions of the Agreement remain in full force and effect.
[SIGNATURES APPEAR ON THE NEXT PAGE]
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
2
16F1
Licensor Site Name/Number:CORKSCREW FIRESTATION FL,FL/22910
Licensor Contract Number: 52602
licensee Site Name'Number:Corkscrew s I 8
IN WITNESS WHEREOF. the Parties hereto hace set their hands to this Fourth
Amendment to that certain License Agreement as of the day and year'written below:
LICENSOR:
American Towers LLC.a Delaware limited
liability company
By: Liii ✓
Nathaniel Ritzenthaiet
Name: Senior Counsel
Title: US Tower
Date: 1/31 2`"— 7
LICENSEE:
DATED: .2/10/2b
•
BOARD OF COUNTY COMMISSIONERS.
•''1,' A "° �� �f COLLIER C'OLINIY. Ft.ORIDA
akin l:1 `' fir
„�j�C rystai.F . yct.Clerk
4 �, /
O • 44,1. BY:
t xi'. ' ' 'Welsiliittly Cte I(rT , - DAN KOWAL,
' 4i�Signature only CFiAIRMA
Appro% s to form and leealit�:
Assistant County Attorney ()kip
I6 F14
Licensor Site Name/Number:CORKSCREW FIRESTATION FL,FL/22910
Licensor Contract Number: 52602
Licensee Site Name/Number: Corkscrew/s18
Exhibit A (Fourth Revision)
4
Licensor Site Name/Number: CORKSCREW FIRESTATION FL,FL/22910
Licensor Contract Number: 52602
Licensee Site Name/Number: Corkscrew/s18
Exhibit A(Fourth Revision)
5
1
Exhibit A(Fourth Revision)
Customer Name: ATC Asset Name: ATC Asset#:
COLLIER COUNTY CORKSCREW FIRESTATION FL 22910
Customer Site Name: Customer Site#:
Corkscrew s18
GROUND SPACE REQUIREMENTS
Total Lease Area Sq.Ft:392.00 Primary Contiguous Lease Area L: 12.00' W: 26.00' H: 12.00' Sq.Ft: 312.00
Customer Building 12.00' 26.00' 12.00' 312.00
Outside Primary Lease Area N/A N/A N/A Sq.Ft: 80.00
Generator AREA 8.00' 10.00' 12.00' 80.00
BACKUP POWER REQUIREMENTS
Generator:Stand Alone Fuel Tank Size(gal):500.0 Fuel Type:Diesel Fuel Tank Setback(radius):N/A
UTILITY REQUIREMENTS
Power Provided By:Utility Company Direct
Telco/Interconnect: N/A
TRANSMITTER&RECEIVER SPECIFICATIONS
Type:TX/RX Quantity:3.0 TX Power(watts):34 ERP Power(watts):N/A
EQUIPMENT SPECIFICATIONS
Type OMNI OMNI DISH-HP DISH-RADOME DISH-HP DISH-HP
Manufacturer RFS RFS Andrew RFS Andrew Andrew
Microwaves Microwaves Microwaves
Model# BMR12-H-B1 BMR12-O-B1 VHLP6-6W PAD6-W59BC w/ VHLP3-11W-3WH VHLP6-6W
Radome
Dimensions 240"x 6.6"x 6.6" 240"x 6.6"x 6.6" 6.36'x 6.36'x 2.81' 6.58'x 6.58'x 1.19' 3.28'x 3.28'x 2.02' 6.36'x 6.36'x 2.81'
HxWxD
Weight(lbs.) 92.0 92.0 185.0 181.0 53.0 185.0
Location Tower Tower Tower Tower Tower Tower
RAD Center AGL 202.0' 166.0' 156.0' 138.0' 134.5' 131.0'
Tip Height 212.0' 176.0' 159.2' 141.3' 136.1' 134.2'
Base Height 192.0' 156.0' 152.8' 134.7' 132.9' 127.8'
Mount Type Side Arm Side Arm Leg/Flush Leg/Flush Leg/Flush Leg/Flush
Quantity 2 1 1 1 1 1
Azimuths/Dir,of 90 360 55 266.2 55 283
Radiation
Quant.Per 2 1 1 1 1 1
Azimuth/Sector
TX/RX Frequency MHz MHz GHz MHz GHz GHz
Units
TX Frequency 851-860 851-860 6525-6785 6525-6875 6525-6785 6525-6785
RX Frequency 806-815 806-815 6525-6875 6525-6875 6525-6875 6525-6875
Using Unlicensed No No No No No No
Frequencies?
Antenna Gain 15.4 12 35.7/36.9/37.7 36.3/37/37.6 35.1/36.3/36.9 35.7/36.9/37.7
Total#of Lines 2 1 1 1 1 1
Qty:2 Qty: 1 N/A Qty: 1 N/A N/A
Type:Coax Type:Coax Type:Elliptical
Individual Line Diameter: 1 5/8" Diameter:7/8"Coax Diameter:EW63
Configuration Coax Azimuth/Sector: 1 Azimuth/Sector: 1
Azimuth/Sector:2
N/A N/A Qty: 1 N/A Qty: 1 Qty: 1
Type: 1 1/4"conduit Type: 1 1/4"conduit Type: 1 1/4"conduit
Conduit containing: containing: containing:
Configuration 1-Elliptical;EU 63 1-Elliptical;EU 63 1-Elliptical;EU 63
Azimuth/Sector: 1 Azimuth/Sector: 1 Azimuth/Sector: 1
Revision#1-OAA801931 Exhibit page I of 1
16 F1
_ x
1, j i ft ATC SITE NAME/NUMBER Corckscrew,FU22910
�4110. CUSTOMER SITE NAME/NUMBER ag Corkscrew Fire
-.+.•, LICENSE AGREEMENT
ATC Contract No:
11'
This LICENSE AGREEMENT ("Agreement") made this ,Z7 day of A4-G z 1(2003, ("Effective Date} by and
between American Tower, L.P., a Delaware limited partnership, with a place of business at 10 Presidential Way, Woburn,
MA 01801 ("Licensor")and Collier County, Florida with a place of business at 3301 Tamiami Trail East, Naples. Fi_ 34112
("Licensee") The attached Terms and Conditions are incorporated herein by this reference.
TOWER SITE INFORMATION:
Site Name: Corkscrew
Site Number: 22910
Address and/or location of Tower Site: 13240 Immokalee Road,Collier County, Naples,FL 34120
Coordinates: Lat.26.16-31_61 N Long.81-35.35.47W
NOTICE& EMERGENCY CONTACTS:
• Licensee's local emergency contact(name and number):John Daly./239.982-0638.
• Licensee's local emergency contact(name and number):Network Operations Communications Center(800)830-3365
• Notices to Licensee shall be sent to the address above to the attention of Information Technology,John Daly.
• Notices to licensor shall be sent to the address above to the attention of Contracts Manager.
APPROVED USE OF TOWER SITE BY LICENSEE:
Transmitting frequencies:855-860MHz& 6525-6875 MHz Receiving frequencies: 855-860 MHz&6525-6875 MHz
Antenna mount height on tower: 175'& 195'ft AGL(See Exhibit A for specific location description)
All other permitted use of the Tower Site including,without limitation,Licensee's Approved Equipment(as defined i-i Section
1 herein),frequencies,channels and the identification and location of the Licensed Premises(as defined in Section 1 herein)
at the Tower Site are descnbed in Exhibits A and B,are incorporated herein by reference and made a part hereof.
FEES&TERM
The"Monthly License Fee"shall be Two Thousand Sixty Four and No1100 Dollars(52,064,00), adjusted on July 1, 2003 and
on each July 1° thereafter dunng the Initial Term and during any Renewal Terms by the "Annual Escalator". If the
Commencement Date is earlier than July 1. 2003, then the Annual Escalator adjustment made to the Monthly License Fee
ilon July 1, 2003 shall be pro-rated for each full calendar month between the Commencement Date and July 1, 2003 The
Annual Escalator shall be five percent(5%)per year.
The"Site Inspection Fee"shall be:One Thousand Five Hundred Dollars (51,500.00), as adjusted annually by a percentage
rate increase equal to the Annual Escalator.
Initial Term The "Initial Term" of this Agreement shad be for a period of five (5) years beginning on the Commencement
Date. Subject to Section 1, the "Commencement Date' shall be defined as the earlier of: (i) the commencement of
installation or construction of any improvements by Licensee at the Tower Site:or(ii)May 30, 2003.
Renewal Terms:The"Renewal Terms"of this Agreement shall be three(3)additional periods of five(5)years each.
Electricity for operation of Approved Equipment is to be provided by(check one):
❑Licensor at the monthly rate of 5 ,adjusted annually by the Annual Escalator and subject to Sections 3&5 OR
❑Licensor.with such being included in the Monthly License Fee and subject to Sections 3&5,OR
0 Licensee,at its sole expense.
OTHER PROVISIONS:
Other provisions: (check one):❑None 0 As listed below
a. Notwithstanding anything to the contrary in this Agreement, the offer to Licensee expressed in this Agreement shall
automatically become null and void with no further obligation by either party hereto if a structural analysis of the
Tower Site completed after the execution of this Agreement by Licensor but before the Commencement Date of the
installation of Licensee's Additional Equipment indicates that the Tower Site is not suitable for Licensee's Additional
Equipment unless Licensor and Licensee mutually agree that structural modifications or repairs shall be made to
the Tower Site on mutually agreeable terms.
b. SSIS shall be a fee of One Thousand Five Hundred Dollars (51,500.00) pursuant to Section 9 below
c. Licensor and Licensee agree and acknowledge that this Agreement is contingent upon a satisfactory SSIS
A
I6F1
i ' ATC SITE NAME/NUMBER: Corckscrew.FL/22910
• CUSTOMER SITE NAME/NUMBER- Big Corkscrew Fire
IN WITNESS WHEREOF, the Parties,each in consideration of the mutual covenants contained herein, and for other good
and valuable consideration, intending to be legally bound, have caused this Agreement to be executed by their duly
authorized representatives as of the Effective Date first above-written; provided. however, that this Agreement shall not
• become effective as to either Party until executed by both Parties.
AS TO THE LICENSOR: American Tower,L.P.,a Delaware limited partnership
DATED: ✓l:'5-2 7-G3 By: ATC GP,Inc.,its sole general partner
//r
1 By:
Witness(signayire) Print N= •etlen Mitchell
6 Title: • 'resident
Y svN'rs (14c-Aleru1
(print name)
Witne (signa r )
/:!O.f
(print name)
AS TO THE LI ENSEI; BOARD OF OUNTY MMISSIONERS,
DATED: - "j-�-C COLL1 OUNTY RIDA •
ATTEST By:-
DWIGHT E.TIROCK,Clerk Tom Henning,Chairman
BY:.3ildkg1-_&:423f ,
Deputy Clerk: Attest as to Chairman's
• sr-..;:.:Signature only.
Approved as to form and legal sufficiency:
COVkitA---
Thomas C.Palmer
Assistant County Attorney
•
A
n
1__4 ATC SITE NAME/NUMBER: Corckscrew.FL'2291c
CUSTOMER SITE NAME/NUMBER: Big Corkscrew Fire
tom- elf
_.j
TERMS AND CONDITIONS
• 1. GRANT OF LICENSE. I icensor hereby agrees to license to Licensee space for the housing,installation and operation
of the communications equipment specifically described in Exhibit A attached hereto ("Approved Equipment") with the
location of such Approved Equipment being more specifically described in Exhibits A and B("Licensed Premises")at the
communications tower, antenna structure or rooftop facility described in the Tcwer Site information section on page 1
("Tower Site"). All Approved Equipment shall be and remain Licensee's personal prcperty. Licensor shall maintain the
communication facility located on the Tower Site in good condition and in a manner which will not disturb Licensee's
reasonable use of the Licensed Premises. Licensee shall also have a right to: (i) install and maintain wires, cables,
conduits and pipes either within,over,under or along the Tower Site, and(ii)to use any specific nght of way for access to
the Tower Site,each at locations mutually agreed upon by Licensor and Licensee. In the event any public utility is unable
to use the existing right-of-way, Licensor agrees tc grant an additional nght-of-way at the Tower Site either to Licensee or
to the public utility at no cost to Licensee to the extent permitted under the Ground Lease at a location acceptable to the
Licensor. Subject to Section 15 herein, Licensee shall be solely and directly responsible for any and all property damage
that results from tt:e installation of any cables or utility wires by Licensee cr any company or person retained by Licensee,
including, without limitation, any property damage that results from the accidental cutting of utility wires or cables of any
other party operating at the Tower Site. Licensee shall notify Licenser no less than five (5) days prior to the date upon
wnich Licensee intends to commence any construction or installation at the Tower Site, together with a construction
schedule, so as to provide Licensor with an opportunity to be present during any such installation or construction. In
addition to the foregoing. Licensee shall notify Licensor of the actual date of Licensee's commencement of any
installation or construction at the Tower Site no more than five (5) days following such commencement, and with sucn
notice in writing in the form of the notice attached hereto as Exhibit D. In the event that Licensee tails to provide such
written notice the date of such commencement for the purposes cf the determination of the Commencement Date of this
Agreement,then the Commencement Date shall be deemed to be the Effective Date. Licensee's nght to cure under this
Agreement shall not be applicable to a failure to deliver timely written notice of such commencement notice. Licensor
shall provide Licensee with one set of keys and/or codes to access the Tower Site so that Licensee shall nave the right
of access to the Licensed Premises 24 hours per day, 7 days per week, to the extent permitted under the Ground
Lease. Licensee shall be responsible for ensuring that Licensor has,at all times,a complete and accurate written list of
all employees and agents of Licensee who have been provided the access codes to the Tower Site.
2. EXHIBITS. Within forty-five (45) days following the commencement of the installation of the Approved Equipment,
• Licensee shall provide Licenser with as-built drawings or construction drawings of the Approved Equipment as installed
in both hard copy and electronic form("Construction Drawings"), sucn Construction Drawings shall include the location
of any shelters, cabinets, grounding rings, cables, and utility lines associated with Licensee's use of the Tower Site,
Upon receipt, Licensor shall insert hereto the Construction Drawings as Exhibit C. In the event that Licensee fails to
deliver the Construction Drawings as required by this section, Licenser may cause such Construction Drawings to be
prepared on behalf of Licensee and Licensor shall assess a tee or such Construction Drawings of cost, inctuding in-
house labor,plus twenty percent t20°b),which upon invoice shall become immediately due and payable. In the event of
inconsistency or discrepancy between(a)Exhibit A and Exhibit 0 hereto, Exhibit A shall govern,and(b)between Exhibit
A (with respect to Approved Equipment and antenna locations) together with Exhibit 8 (with respect to ground space
installation locations)and Exhibit C hereto,Exhibits A and B shall govern,notwithstanding any approval or signature by
Licensor or its employees. Any such inconsistency or discrepancy between Exhibits A, 8 and C as set forth in the
foregoing sentence shall be deemed a matenai default by Licensee hereunder.
3. LICENSE FEES;TAXES; ASSESSMENTS.The Monthly License Fee,as adjusted by the applicable Annual Escalator,
shall be payable in advance on the first day of each calendar month beginning upon the Commencement Date. It the
Commencement Cate is not the first day of a calendar month,the Monthly License Fee for the first partial month shall be
prorated on a daiiy basis. The Monthly License Fee fcr any last partial month in the term of this Agreement shall aiso be
prorated on a daily basis. Licensee snail Be solely responsible for all utility charges directly attnbutable to the Approved
Equipment,except as otherwise provided on page 1 of this Agreement Licensor shall be responsible for the payment of
its pro rata share of any applicable taxes or governmental assessments against the Tower Site or Licensee's personal
property and improvements thereon owned and maintained by Licensor. Licensee snail be responsible for the payment
of any applicable taxes, tees or governmental assessments against ar,y equipment. personal property anarer
improvements owned, leased or operated by Licensee cr directly associated with Licensee's use of the Licensed
Premises. Licensee agrees to pay or reimburse Licensor for any and all taxes, fees, cr other costs and expenses
assessed upon or paid by Licensor to the United States Forest Service or Bureau of Land Management attributable to
Licensee's Approved Equipment, Licensee's use of cr Licensee's presence at the Tower Ste. All payments due under
this Agreement shall be made to Lcensor at the address listed on page 1 cr such other address as Licensor may notify
Licensee of in writing and/or upon such invoice. Ail payments due under this Agreement shall be rounded up to the
nearest whole dollar amount. The CPI means the Consumer Price Index for All Urban Consumers, U,S. City Average
• (1982-1984=100), as published by the United States Department of Labor, Bureau of Labor Statistics. if the Index is
discontinued or revised,such other government index or computation with which it is replaced shall be used in order to
obtain substantially the same result as if the index had no;been discontinued or revised.
FI
hATC SITE NAME!NUMBER: Corckscrew,FL122910
._._._.c%g I. CUSTOMER SITE NAME'NUMBER: Bid Corkscrew Fire
4. TERM. The Initial Term of this Agreemert shall be as specified on page 1. This Agreement shall automatically be
renewed for the Renewal Terms,if any,also stated on page 1 unless either Party gives to the other one hundred eighty
411 (180) days written notice of termination prior to the expiration of the then-current term. Upon expiration,cancellation or
termination of this Agreement for any reason, Licensee shall: (i) remove the Approved Equipment and any other
property of Licensee from the Licensed Premises at Licensee's sole risk, cost. and expense; (ii) deliver the Licensed
Premises in substantially the same and in as good a condition as received (ordinary wear and tear excepted): and(iii)
repair any property damage caused by the removal of the Approved Equipment within 10 days of the occurrence cf such
damage. In the event that Licenser's right to license space to Licensee at the Tower Site is subject to a rght of first
refusal for the benefit of a third party or consent from the underlying lessor of the Ground Lease,Licensor shall reserve
the right to terminate this Agreement in the event that such third party fails to refuse,consent or waive(or is deemed to
have refused or waived)such right or consent.
5. COMMON EXPENSES: UTILITIES. Licensee shall reimburse Licensor for Licensee's pro-rata share of costs are
expenses incurred by Licensor for the maintenance. repair and replacement of common facilities at the Tower Site
including, without limitation, damage to fences, gates, access roads, and the tower,6tructure. Notwithstanding the
foregoing,the cost and expenses associated with any damage which is directly attnbutable to the acts or omissions of
Licensee or Licensee's contractors shall be borne solely by Licensee. Licensee shall not be required to pay any share
of costs or expenses incurred to replace the tower structure. In the event that Licensee also licenses space within a
building or shelter owned by the Lcenscr on the Tower Site, Licensee shall also reimburse Licensor for its pro-rata
snare of all common expenses incurred fo• the cperation, maintenance. repair and replacement associated with suet:
building or shelter,including,without limitation, the physical structure of the building, HVAC system, and common utility
expenses. In the event that Licensee is connected to a generator or back-up power supply owned by the Licensor,
Licensee shall also reimburse Licensor for its pro-rata share of all expenses incurred for the operation. maintenance.
repair and replacement associated with such generator, including, without limitation, fuel expenses and replacement.
For the purposes of this section, a`pro-rata share"of costs and expenses shall be determined based on the number of
licensees using the Tower Site or the first day of the month in which an invoice is mailed to Licensee. Licensee shall
reimburse Licensor for common expenses within thirty(30)days following receipt of an invoice from Licensor. Licensor
and/or Licensee shall be responsible for the utility costs associated with the operation of Licensee's Approved
equipment as set forth on page 1;provided,however,that(a)in no event shalt Licensor provide Licensee with telephone
service: and(bi in the event that Licensor provides access to electricity or utilities to Licensee for a fixed fee or inclusive
in the Monthly License Fee, Licensor reserves the right to reasonably increase suet' fees based on any change in
• equipment or increased power requirements by Licensee.
6. INSTALLATION BY LICENSOR. Licensee shall submit to Licensor its scope of work requirements for the installation of
its Approved Equipment within ten (10) business days following the Effective sate and within a reasonable period of
time poor to any planned subsequent modification to or installation of additional Approved Equipment(but in no event
less than fifteen(15)business days). Unless Licensor otherwise notifies Licensee. Licensor shall install or shall cause
the installation of the Approved Equipment at the standard market rate for such services (by experienced antenna
system installers and excluding any discounts which may be offered or are available from time to time). The Parties
agree to diligently and in good faith negotiate a construction contract to install the Approved Equipment. If the Parties
fail to agree upon the terms and conditions of the construction contract, they shall select an appraiser to resolve any
disputes in accordance with common industry practice. Both Parties agree to be bound by the appraisers decision.
7. SITE INSPECTION. Not less than ten(10)days prior to the initial installation by Licensee of the Approved Equipment or
before the date of any subsequent modifications to or installation of additional Approved Equipment, Licensee shall pay
Licersor the Site Inspection Fee. In the event that Licensor installs Licensee's Approved Equipment, Licensor shall
waive the Site Inspection Fee with respect to such installation.
8. LABELING. Licensee shall identify its equipment and equipment cabinets (unless such cabinet is located in a bu:ldirg
owned by Licensee) with labels permanently affixed thereto and stating Licensee's name, contact phone number, and
Installation date Licensee's coaxial cables shall be labeled at both the top and bottom of the tower structure. Should
Licensee fail to so identify its equipment,Licensor may,in its sole discretion, interrupt Licensee's operations at
the Tower Site and shall constitute a default of this Agreement. In addition, should Licensee tail to label its
equipment as required by this section, Licenser may label L.icensee's equipment and assess against Licensee a fee of
Seven Hundred Fifty and Nc1100 Dollars (5750.00), as adjusted annually by a percentage rate increase equal to the
Annual Escalator,which upon invoice shall become immediately due and payable.
9 WORK; ALTERATIONS: STRUCTURAL ANALYSIS & MODIFICATIONS. Licensee agrees that all of Licensee's
property to be installed upon the Tower Site and ail frequencies utilized by Licensee pursuant to this Agreement will be
in exact accordance with that specified in Exhibit A attached hereto. Licensee shall submit to Licensor detailed plans
and specifications accurately describing all aspects of the proposed work to be performed including, without limitation,
• weight and wind load requirements and power supply requirements and evidence that Licensee has obtained all
approvals,permits and consents required by, and has otherwise complied with, all legal requirements applicable to the
performance of the Work Licensee agrees that it will not make any alterations or additions to the Approved Equipment
without the prior written consent of Licensor in each case obtained. An amendment to Exhibit A to this Agreement shall
be prepared to reflect each addition cr modification to Licensee s equipment from time to time to which Licensor has
A4
1 6 F1
ATC SITE NAME i NUMBER. Corckscrew,FU22910
CUSTOMER SITE NAME-NUMBER: Big Corkscrew Fire
given its written consent. Any and all work at the Tower Site shall be performed in accordance with the foregoing
standards and by qualified contractors approved of in advance by Licensor (which approval of contractors shall not be
• unreasonably withheld, except as otherwise provided in the following sentence). Licensor reserves the right, in its sole
discretion, to refuse to permit any person or company to climb any lower structure at the Tower Site. Such contractors
shall have valid and current worker's compensation and general liability insurance certificates on file with Licensor,
naming Licensor as an additional insured and which otherwise satisfy the insurance coverage requirements described in
Section 14 of this Agreement. Subject to Section 768.28.F.S., Licensee shall indemnify, defend and hold harmless
Licensor from and against any and all costs.claims,causes of action and liabilities of every nature and kind arising out
of the acts and omissions of Licensee,its employees and agents or Licensee's contractors or subcontractors. At its sole
election, Licensor may, in its sole but reasonable judgment, perform or cause to be performed a structural analysis to
determine the availability of capacity at the Tower Site for the modification and/or additional equipment at the Licensed
Premises by Licensee. Nothing herein shall prevent Licensee from performing such analysis for its own account;
provided, however, that Licensor shall approve such vendor in Licensors sole discretion and Licensee shall provide a
complete copy of any structurai analysis that it performs to Licensor at no cost to Licensor no more than thirty(30)days
following the completion of that analysts. If Licensor performs such an analysis or causes one to be performed,
Licensee agrees promptly to reimburse Licensor for all reasonable costs and expenses incurred by Licensor or
Licensor's vendor in the performance of sLch structural analysis within sixty (60) days following receipt of an invoice
from Licensor. In the event a structural analysis is performed after the execution of this Agreement by Licensor but prier
to the installation of Licensee's Approved Equipment, and such analysis indicates that the existing tower structure can
not structurally accommodate the proposed installation of Licensee's Approved Equipment thereon. Licensor or
Licensee may terminate this Agreement upon wntten notice at any time prior to the commencement of Licensee's
installation. With respect to any permitted structural modifications to the Tower or upgrade of utilities by Licensee that
are approved by Licensor. Licensor reserves the right to simultaneously upgrade the tower structure or utilities in excess
of the modification required to accommodate Licensee's Approved Equipment in order to increase capacity ('Excess
Upgrade"); provided, however, tnat Licensor shall be solely responsible for the costs associated with such Excess
Upgrade. Prior to the Commencement Date and/or prior to any Licensee-reauested installation or modification Licensor
may elect to perform a shared site interference study("SSIS") and Licensee shall pay Licensor a fee of One Thousand
Five Hundred and No100 Dollars (S1,500) per study, as adjusted annually by a percentage rate equal to the Annual
Escalator. This tee shall be payable at the time of Licensee's application or immediately upon a determination by
Licensor that a SSIS is required. Licensor's performance of the SSIS shall in no way constitute a warranty or
representation from Licensor that Licensee's proposed operations from the Tower Site will not suffer or cause
interference with other users, but shalt merely be a customary report ntended to assist in the prevention of potential
• interference.
10. RF INTERFERENCE.
(a) Interference with a Pre-Existing Use. Licensee's use of the Tower Site and its operation of all of Its
Approved Equipment thereon (irctuding any subsequent modification or alteration thereto) shall be conducted in a
manner that does not interfere electrically, or in any other manner whatsoever with any then pre-existing use of the
Tower Site by Licensor or other users of the Tcwer Site ("Pre-Existing Use"). In the event that any Pre-Existing Use
experiences interference caused by Licensee or Licensee's Approved Equipment (including any subsequent
modification or alteration thereto), Licensee shall be notified in writing of such interference and Licensee shall power
down its equipment and/or cease operations in order to correct and eliminate such interference within seventy-two(72)
hours after Licensee's receipt of such notice. If Licensee does not cease ail interfering operation within such seventy-
two(72) hour period, Licensor shall have the nght to disconnect Licensee s Equipment until such time as Licensee can
affect repairs to the interfenng Approved Equipment. If Licensee is unable to eliminate the interference,or reduce it to a
level acceptable to the affected user of the Pre-Existing Use, within a period of thirty (30) days following such initial
notice(provided that during such 30 day period,Licensee may operate its equipment intermittently during off-peak hours
for testing purposes only), then Licenser may, in addition to any ether rghts It may have for Licensee's breach hereof,
terminate this Agreement. In the event that Licensee is notified of any interference experienced by a Pre-Existing Use
on the Tower Site alleged to be caused by Licensee's operations thereon, Licensee shall be obligated to perform
whatever actions are necessary, at Licensee's sole cost and expense, to eliminate such interference and shall not be
released from its obligation to continue to pay the Monthly Licensee Fee during any period that Licensee can net
operate from the Tower Site pursuant to this Section 10.
(b) Interference by a Subsequent Use. Licensor agrees that Licenser and Licensers customers' use of the
Tower Site whose equipment is installed or modified subsequent to the Licensee's then-current operation of Licensee's
Approved Equipment thereon("Subsequent Use")shall not,interfere with Licensee's then-current permitted operations.
In the event that Licensee experiences interference caused by any Subsequent Use, Licensee shall notify Licensor in
writing of such interference and Licensor shall,or shall cause the operator of the interfering Subsequent Use, to power
down its equipment and/or cease operations in order to correct and eliminate such interference within seventy-two(72)
hours after Licensors receipt of such nonce. If such Subsequent Use is unable to operate without causing such
interference,or if such interference is not reduced to a level acceptable to Licensee, within a period of thirty(30) days
• (provided that during such 30 day penod the Subsequent Use may be operated Intermittently during off-peak hours for
testing purposes only), then Licensee may, in addition to any other rights it may have for Licensors breach hereof,
terminate this Agreement. In the event that Licensor is notified of any interference expenenceo by Licensee alleged tc
be caused by a Subsequent Use on the Tower Site, Licensor shall be cbligatec to perform (or cause to be performed)
A
16F1
• ATC SITE NAME/NUMBER: Corckscrew,FU22910
":iSu` � (Mt i _y CUSTOMER SITE NAME/NUMBER Big Corkscrew Fire
whatever actions are commercially reasonable and necessary, at no cost or expense to Licensee, to eliminate such
interference.
• (c) Interference with Lighting and Building Systems and Building Tenants. In no event shall Licensee's use of
the Tower Site or operation of any of its equipment thereon be conducted in a manner that interferes with Licensor's
lighting system located on any of the towers,building systems,or, in the event that Licensee's equipment is installed on
the rooftop of a building,with equipment of any kind used by building tenants who are not tenants of the Licensor,
(d) No Illegal, Unpennitted Use or Unlicensed Frequency Protection. Notwithstanding anything to the contrary
herein,Licensee shall not illegally transmit on any frequency, transmit on a channel or frequency not specified in Exn bit
A attached hereto, operate at variance from the specifications in its FCC license or the FCC's rules governing
Licensee's operation of its Approved Equipment, and Licensor shall rot provide any protection to Licensee from
interference from parties who are not Licensor's tenants at the Tower Site. Nothing in this Section 10 shall be deemed
or interpreted to provide any protection to Licensee from any form of interference from any person in the event that
Licensee is operating on any unlicensed frequency spectrum or pursuant to FCC Par 15.
1 I. SITE RULES AND REGULATIONS. Licensee agrees to comply with the reasonable rules and regulations established
from time to time at the Tower Site by Licensor in its discretion, which may be modified by Licensor from time to lime
upon receipt by Licensee of such revised rules and regulations or in accordance with Licensor's obligations under the
Ground Lease. Such rules and regulations wilt not unreasonably interfere with Licensee's normal business operations.
12. CASUALTY; CONDEMNATION. For purposes of this Agreement it shall be deemed a Casualty Event,if the Licensed
Premises or the Tower Site is destroyed or condemned, in whole or part, whether by eminent domain or otherw se. In
the event that the Licensed Premises or the Tower Site is wholly destroyed or condemned.whether by eminent domain
or otherwise, this Agreement shall terminate without further liability to either Party except for payment of the Monthly
License Fees due up to the time of non-use by Licensee in case of such destruction or condemnation. If the Licensed
Premises are partially destroyed or condemned and are usable by Licensee for its purposes, then Licensor shall,within
one hundred and twenty (120)nays (which shall be extended for any delays directly caused by governmental action or
inaction), repair the Licensed Premises or the Tower Site with a reasonable reduction of the Monthly License Fee to
Licensee during the period of repair. In the event that the site repair or reconstruction has no:ccmmenced within one
hundred eighty(180)days following such Casualty Event. Licensee may terminate this Agreement upon written notice to
Licensor prior to the commencement ct any such repair or reconstruction of the Tower Site. It, however, any such
partial cestruction or condemnation occurs within six(5) mcnths prior to termination of this Agreement, either Party may
• terminate this Agreement without further liability except for payment of the Monthly License Fees up to the time of such
destruction or condemnation. Any Monthly License Fees prepaid by Licensee shall be returned to it as part of the
operation of this section.
13 COMPLIANCE WITH LAWS. Licensor is -esconsibie for ensuring that the tower structure at the Tower Site is operated
in compliance with all governmental lighting and marking requirements. Licensor shall indemnify and cefend Licensee
from and against any loss,cost.or expense sustained or incurred by Licensee as a result of Licensor's failure to comply
with duly issued governmental regulations relating to tower lighting and marking. Notwithstanding anything to the
contrary in the Agreement, Licensee shall at all times comply with all applicable laws and ordinances and all rules and
regulations of municipal, state and federal governmental authorities relating to the installation, maintenance, loca:'on,
use,operation, and removal of the Approved Equipment and other alterations or improvements authorized pursuant to
the provisions of this Agreement.
14, INDEMNIFICATION; INSURANCE. Each Party shall, to the fullest extent permitted by law, indemnity,defend and hold
harmless the other Party, its respective Affiliates. and their respective directors, employees, officers, shareholders,
successors and assigns against all claims, losses, costs, expenses, damages, and liabilities (except as otherwise
provided in Section 15 of this Agreement) arising from: (i) the negligence, willful misconduct er strict liability of such
Party, or its agents, employees. representatives, contractors: or(ii) any material breach by such Para of any provision
of this Agreement. In addition to the foregoing,Licensee shall indemnify Licensor for all costs and expenses associated
with actions taken by Licensor to resolve any interference caused by Licensee or Licensee's Approved Equipment
pursuant to Section 10(a), (c),and (d). Neither?arty shall be responsible or liable to the other for any damage arising
from any claim to the extent attributable to any acts or omissions of other licensees at the Tower Site. Without limiting
the foregoing in any way,both Parties. each at their sole cost and expense. agree to maintain comprehensive general
liability and casualty insurance (including without limitation, an umbrella policy of no less than five million dollars
•
(S5,000,000.00)) in amounts reasonably satisfactory to the other Party with respect to its property and obligations
hereunder. Notwithstanding anything to the contrary. L:censor may provide all or some of the insurance coverage limits
required under this Section 14 through an umbrella policy. Such insurance policies shall contain a provision that such
•
policy shal: not be canceled or amended without thirty (30)days notice to the other Party. Upon the execution of this
Agreement.Licensee shall deliver to Licensor a certificate evidencing such insurance coverage,on which Licensor shall
be named as an additional insured with respect to the Tower Site.Further,Licensee snail deliver to Licenser a certificate
• evidencing such insurance coverage within thirty(30)days of each renewal of such policy. Licensor reserves the right.
from time to time, to increase the required liability limits described above in accordance with then-current customary
insurance requirements in the tower industry nationally.
A `'
4.. t .,y. s.c.......: y. _.
• t{�` -j - "" ATC SITE NAME/NUMBER: Corckscrew,FU22910
CUSTOMER SITE NAME'NUMBER: Eig Corkscrew Fire
15. WAIVER OF CERTAIN DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT,
EACH PARTY HEREBY WAIVES THE RIGHT TO RECOVER INCIDENTAL, SPECIAL, CONSEQUENTIAL
. (INCLUDING LOST PROFITS), PUNITIVE, EXEMPLARY AND SIMILAR DAMAGES AND THE MULTIPLIED
PORTION OF ANY DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH
POSSIBILITY WAS REASONABLY FORSEEABLE.
16. NOTICES. Any required cr permitted notice or demand shall be made by certified mail, postage prepaid or via
nationally recognized overnight courier service addressed to the other Party at the address set forth on page 1. Either
Party may modify, add, or delete notice addresses from time to lime by notice given in accordance with this section.
Any notice or demand shall be deemed to have been given or made at the time it is deposited in a United Slates Post
Office or with a private overnight courier service.
17. ASSIGNMENT; SUBLEASING. Licensee may assign this Agreement as a whole with Licensors pnor written consent:
provided, however, that Licensors consent will not be required for an assignment to any person or entity which is
controlled by, controlling or under common control with Licensee ("Affiliates") For these purposes, "control" means
ownership, directly or indirectly,of 50%or more of the voting stock, equity or beneficial interest or a general pa'tner of
any partnership. In no event may Licensee sublet, sublease, or permit any other similar use of the Tower Site or
Licensed Premises by any other party. In no event may Licensee diplex or combine signals or grant any shared use
rights for itself or others. In the event of a permited assignment hereunder, Licensee shall be relieved of any of its
obligations under this Agreement arising cn or after the effective date of such permitted assignment. Any permitted
assignee shall expressly assume. and become bound by, ail of Licensee's obligations under this Agreement. Licensor
may freely assign, transfer, or sublease :his Agreemert and, in such event. Licensor shall be relieved of all of .Is
obligations under this Agreement from and after the date of such assignment, transfer, or sublease. This Agreement
shall be bracing upon the successors and permitted assigns of both parties. Licensee shall pay Licensor a tee of
S250.00 (which fee shall increase annually by a percentage rate increase equal to the Annual Escalator) in each
instance in which Licensee requests an assignment of this Agreement or in which Licensee seeks an estoppel
certificate, ncndisturbance agreement, subordination agreement or other similar agreement. Notwithstanding anything
to the contrary, Licensor may condition its consent to any assignment, on among other things. requiring that the
assignee execute a new form of license agreement so long as the Monthly License Fee and Initial and Renewal Terms
of such agreement are consistent with those set forth in this Agreement.
40 18 QUIET ENJOYMENT. Licensor covenants and agrees that, coon Licensee's paying the Monthly License Fee and
observing and performing all of the terms.covenants and conditions to be observed and performed by Licensee under
this Agreement, Licensee shall be entitled to quiet enjoyment of the Licensed Premises during :he term of this
Agreement.
19. SUBORDINATION TO GROUND LEASE. The Parties acknowledge and agree that it the event Licensors rights in the
Licensed Premises and/or any pal of the Tower Site is denved in whole or part pursuant to an underlying lease.
sublease, permit, easement or other right of use agreement (-Ground Lease"), all terms. conditions and covenants
contained in this Agreement shall be specifically subject to and subordinate to the terms and conditions of an applicable
Ground Lease. In the event that any of the provisions of the Ground Lease are in conflict with any of the provisions of
this Agreement (other than those provisions relating to the length of term, termination rights or financial consideration),
the terms of the Ground Lease shall control. Further, Licensee agrees to be bound by such Ground Lease as applicable
to the access and occupancy of the Licensed Premises. In the event that the Ground Lease expires or terminates prior
to the expiration of the Initial Term or applicable Renewal Terms, this Agreement shall automatically terminate upon
termination of Licensors right to possession of the Tower Site and shall remove its equipment and any improvements
from the Tower Site in accordance with this Agreement and any a;plicable provisions under the Ground Lease
Licensor agrees not to take any action with respect to the Ground Lease as then in effect which will cause the Grcurie
lease to be prematurely terminated during Me term of this Agreement. Licensor hereby warrants and agrees that it
shall exercise any existing renewal option available to it pursuant to the Ground Lease through the end of the term of
this Agreement. Upon Licensee's written request, Licensor shall provide a copy of any applicable Ground Lease with
the economic terms and other terms that Licensor deems reasonably confidential redacted. unless prohibited by the
terms of such Ground Lease. Notwithstanding the foregoing, Licensor shall act be required to pay any form of
consideration to obtain the approval or consent of any lessor under a Ground Lease.
20. DEFAULT. Either Party shall have ten (10) days after receipt (or refusal to accept delivery, which refusal shall be
deemed receipt for the purposes hereof)of written notice from the other Party to cure any monetary default (provided,
however, that if Licensee fails to make any payment of the Monthly License Fee when due and cures such detach two
(2) times within any twelve (12)month period,:hen any further failure within the same twelve(12)month period shalt be
an automatic default with no cure period) and, except as otherwise provided in this Agreement with respect to RF
interference, labeling and Construction Drawings, thirty (30)days after receipt of written notice from the other Party to
• cure any non-monetary default. Except with respect to RF interference, so long as the Party charged with the default
diligently pursues a cure during the prescribed time period, that Party shall be given additional time reasonably
necessary to cure the default. If subsequent to the foregoing requisite periods of time,there continues to be an event of
default, the non-defaulting Party may terminate this Agreement upon written notice to the defaulting Party and may
institute any other available proceedings at law or in equity to recover damages from the defaulting Party.
�] F
tt"- A—`— -�--- ATC SITE NAME,NUMBER: Corckscrew,FL/22910
.� ' or 4
? -{ CUSTOMER SITE NAME,NUMBER: Big Corkscrew Fire
•
21. COLLECTIONS. Subject to the provisions of Section 20 above. Licenser may take any collections actions it deems
necessary without further notice to Licensee, including, without limitation, the disconnection or removal and storage of
any and all of Licensee's equipment, including the Approved Equipment or all other Licensee property located on the
Tower Site. Licensee shall pay all reasonable attomey's fees, court costs, removal and storage fees (including any
property damage caused thereby)),and other items of cost or expense reasonably incurred by Licensor in recovering the
Monthly License Fee or other fee or charge. No endorsement or statement on any check or letter accompanying a
check for payment of any monies due and payable under the terms of this Agreement shall be deemed an accord and
satisfaction, and licensor may accept such check or payment without prejudice to its right to recover the balance of
such monies cr to pursue any other remedy provided by law or in this Agreement. Licensor shall accept any such partial
payment for the account of Licensee. Past due amounts under this Agreement will bear interest from the date upon
which the past due amount was due until the date paid at a rate equal tc.ill eighteen percent 118%)per annum:or(ii)at
a lower rate if required by law n the state in which this Agreement is to be performed. In addition, Licensee shall be
assessed a late payment lee equal to twenty-five percent (25°e) of the then-current Monthly License Fee for any
• payment or reimbursement due to Licensor under this Agreement which is overdue by ten(10)days or more and such
fee shall be assessed for each thirty (30) day period thereafter that any such amount (or portion thereof) remains
unpaid.
22. GOVERNMENTAL APPROVALS; PERMITS In the event that any governmental permit, approval or authorization
required for Licensors use of. operation of, or right to license space to Licensee at the Tower Site is challenged,
terminated or withdrawn by any governmental authority or third party as part of any governmental, regulatory, or legal
proceeding. Licensor may terminate this Agreement. In the event that Licensor does not terminate this Agreement,
Licensee may elect to install or continue to operate its equipment at its sole cost and nsk. Licensee understands and
agrees that,in the event of a governmental cr legal order requiring the removal of Licensee's equipment from the towrer
or removal of the tower structure or any structural modification required to accommodate Licensee's Approved
Equipment. Licensee shall do so promptly at its sole cost and expense. Licensor shall cooperate with Licensee in
Licensee's efforts tc obtain any permits or other approvals !hat may be necessary for Licensee's installation and
operation of the Approved Equipment; provided, however such cooperation snail be subject to the foregoing: tar
Licensor shall not be required to expend any funds or undertake any liability or obligation in connection with sucn
cooperation; (b) Licensor reserves the ngnt to obtain such required approvals or permits on Licensee's behalf, at
Licensee's sole cost and expense; and (c) ,n no event may Licensee encourage, suggest, participate in or permit the
• imposition of any restnctions or additional obligations whatsoever on the Tower Site or Licensors current or future use
or ability to license space at the Tower Site as part of or:n exchange for obtaining any such approval or permit. In the
event that Licensee's shelter or cabinets are installed above a third-party or Licensor-owned shelter or building,
Licensee shall be solely responsible for obtaining any required consents or permits in connection with such shelter or
cabinet installation. Licensee hereby consents to the stacking of a third-party or Licensor owned platform, shelter or
cabinets above or below Licensee's shelter or cabinets provided Licensor or such third party shall be solely responsible
for all costs and expenses associated with obtaining any required consents or permits in connection with such shelter or
cabinet installation above Licensee's equipment. In addition to the foregoing, in the event that Licensee has not been
requested to install a stackable shelter and coes not utilize a stackable shelter. Licensee agrees that Licensor shall have
the right to require Licensee to replace its shelter with a stackable shelter upon no less than thirty(30)days prior written
notice at the sole cost and expense of a subsequent licensee who installs a stacked shelter above Licensee's
equipment shelter.
23. REPLACEMENT OF TOWER. Licensor reserves the right,in its sole ciscretion,to replace or rebuild the tower structure
or the top of the tower. In such event, Licensor shall provide Licensee with space at the Tower Site suitable to allow
Licensee to continue to operate the Approved Equipment in a substantially similar manner during the construction
penod. Licensor shall be solely responsible for the costs associated with removing and re-installing the Approved
Equipment. Licensor also expressly reserves the right to erect one or more towers on the Tower Site. subject to
Licensors obligations to Licensee under this Agreement. Licensee shall also have the nght to establish a temporary
facility on the Tower Site to provide such services as Licensee deems necessary dunng any such construction by Licensor
so long as adequate space is then available. The location of such temporary facilities shall be subject to Licensors approval.
24. GOVERNING LAW. This Agreement snail be governed by the laws of the state of Florida, with the exception of its
choice of laws provisions. If any provision of this Agreement is founc invalid or unenforceable under,ucicial decree or
decision, the remaining provisions of this Agreement shall remain in full force and effect. Any approval, consent.
decision,or election to be made or given by a Party may be made or given in such Party's sole judgment and discretion,
unless a different standard(such as reasonableness or good faith)is provided for explicitly.
25. EXCUSABLE DELAYS. If either Party is unable due to causes beyond its reasonable control to carry cut its obligations
under this Agreement in whole cr in part and it such Party gives written notice and full details of an excusable delay
• (including, without limitation, a force maleure event) to the other as soon as practicable after the occurrence of the
event, then the obligations of the affected Party will be suspended to the extent reasonably required as a result of such
event. Excusable Delay means an event that:s not within the reasonable control of the affected Party,including,without
limitation,war, riots,civil insurrection or acts et a common enemy,fire, flood, strikes or other labor difficulty,acts of civil
or military authonty.including governmental laws,orders,actions.inactions or regulations,embargo.
4
� 6F1
y i t`i( A i,TC SITE NAME;NUMBER Corckscrew.FL/22910
CUSTOMER SITE NAME'NUMBER: Big Corkscrew Fire
Whet (it cr. 15
26. MISCELLANEOUS. Time is of the essence in this Agreement. The offer of license expressed in this Agreement shall
• automatically expire and become void if not accepted by Licensee and such acceptance received by Licensor within
thirty(30)days from the Effective Date. The only means by which Licensee may accept this offer of license is by timely
returning two unaltered copies of this Agreement, executed on behalf of Licensee, to Licensor. Upon Licensors written
request,Licensee shall promptly furnish Licensor with complete and accurate information in response to any reasonable
request by Licensor for information about any of the Approved Equipment or utilities utilized by Licensee at any Tower
Site or any of the channels anc frequencies utilized by Licensee thereon. Ir. the event that this Agreement is executed
by Licensor,its Affiliates or any trade name utilized by the Licensor or its Affiliates and such signatory does not hold the
real property or leasehold interest in the affected Tower Site,the execution of this Agreement shall be deemed to have
been properly executed by the Licensor or Licenser's Affiliate which property holds such interest in the affected Tower
Site. Either Licensor or Licensee may be referred to herein as a"Party"and both Licensor and Licensee together may
be referred to herein as the'Parties". At the sole election of Licensor, in the event that Licensee and Licensor enter into
a master tower space license agreement ("New Agreement") which is applicable to this Tower Site during the initial
Term or any Renewal Term cf the Agreement. Licensor may give notice to Licensee that this Agreement is terminated
("Termination Date") and Licensee and Licensor shall execute a New Agreement for the Licensed Premises and
Licensee's Approved Equipment listed or Exhibit A hereto within thirty (30) days following such notice. Such New
Agreement shall specify that the commencement date is the Termination Date. If the New Agreement has pre-
determined monthly license fee rates and/or annual escalator rates that conflict with the Monthly License Fee and/or the
Annual Escalator listed on page 1 of this Agreement, then the license tee rate and/or the annual escalator rate in the
Agreement shall govern. Lpon the termination or expiration of this Agreement. Licensee shall immediately upon the
request of Licensor deliver a release of any instruments of record evidencing such Agreement. Notwithstanding the
expiration or earlier termination of the Agreement. Sections 14, 15. 20,21 and 26 shall survive the expiration or earlier
termination of the Agreement. No waiver of any of the provisions of this Agreement shall constitute a waiver of any
other provision hereof (whether or not similar), nor shall such waiver constitute a continuing waiver un ess expressly
agreed to in writing by the affected Party. This Agreement constitutes the entire agreement of the Parties hereto
concerning the subject matter hereof and shall supersede all prior offers, negotiations and agreements.whether written
or oral. No revision of the Agreement shall be valid unless made in writing and signed by authorized representatives of
both Parties.
The offer of license expressed in this proposed Agreement shall automatically expire and become void if not
accepted and executed by Licensee and such acceptance received by Licensor within thirty (30) days of the
Effective Date.
ATTACHED EXHIBITS
Exhibit A:List of Approved Equipment and location of the Licensed Premises
Exhibit B: Site Drawing indicating the location of ground space for Licensee's equipment shelter or space in Licensor's
building(as applicable)
Exhibit Ci As-Built Drawings or Construction Drawings to Ce attachcc within 45 days alter Commencement Date in
accordance with Section 1.
Exhibit D:Form of Commencement Date Notice.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
•
•
A. 9
16 F1 .4
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{ - # CUSTOMER SITE NAME/NUMBER: Big Corkscrew Fire
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• Approved Equipment
•
•
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-- i J ATC SITE NAME/NUMBER: Corekscrew,FL/22010
�"'4e+�-r■„� .t �� CUSTOMER SITE NAME NUMBER: Big Corkscrew Fire
Exhibit 13
Site Drawing indicating the location of ground space for Licensee's equipment
shelter or space in Licensor's building(as applicable)
gill Licensee shall not commence installation until Licensor
has approved in writing said drawing and attached it hereto.
S
L vials
1 6 F1
ti ,X (�: �L�;=� t ATC SITE NAME/NUMBER: Corckscre FU22910
" "�"� + w,CUSTOMER SITE NAME/NUMBER: Big Corkscrew Fare
Exhibit C
• As Built Drawings or Construction Drawings
To be attached hereto within 45 days of the date after commencement of installation or
construction of Licensee's Approved Equipment at the Tower Site.
•
•
16F1
•�:tribiiiiT_,__�____
y ATC SITE NAME/NUMBER; Corckscrew,FL/22910
CUSTOMER SITE NAME/NUMBER. Big Ccrkscrew F,re
• Exhibit D
Form of Commencement Date Notice
[Date]
Via Return Receipt Requested First Class Mail
American Tower
Attn: Contracts Manager
Re: ATC Tower Site # , ATC Tower Site Name:
Dear Contracts Manager:
In accordance with Section 1 of that License Agreement ("Agreement") dated
between ("Licensor") and
• ("Licensee"), this letter serves as notice that Licensee commenced its construction
and/or installation at the Tower Site described above on _ , 20
The Agreement states that the Commencement Date for the purposes of the
Monthly License Fee is the earlier of the commencement of installation or construction or
, 2 (but in no event later than 45 days after the Effective Date of
the Agreement.
In accordance with the Agreement, the correct Commencement Date for this
Agreement is 2
If you have any questions, please contact me at
Sincerely,
I6F1 ,
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